Aug. 29, 2013

Jose Castaneda at a Salinas City Council meetng. / The Salinas Californian

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Under the Dome - The Blog

The city of Salinas filed a legal motion in Monterey Superior Court this week seeking a Sept. 20 hearing in its lawsuit against embattled City Councilman Jose Castaneda.

The hearing will mark the first face-to-face confrontation between Castaneda and Tom Willis, the outside attorney representing the city.

Willis, who works for the San Leandro law firm of Remcho, Johansen & Purcell, will be asking a judge to render a judgment based on the city’s legal pleadings against Castaneda in an effort to remove him from his seat on the Alisal Union School Board.

Castaneda, who has served on the AUSD board for nearly a decade, ran and was elected to the City Council District 1 seat last fall.

California law prescribes that when an elected official assumes a higher office where an open conflict or “clash of duties” is present, he or she must resign from the lesser office.

And despite the city of Salinas and AUSD having multiple contractual relationships over the delivery of services, Castaneda has consistently denied that such a conflict of interest exists.

Earlier this year the council voted to sue Castaneda in a so-called quo warranto proceeding to dislodge him from the AUSD seat.

The city has long contended that Castaneda’s holding of the two seats violates state law and represents a conflict of interest

City Attorney Vanessa Vallarta said in an email Thursday that she is hopeful the court will grant the city’s motion.

“If denied, we would move on to possible discovery (process) or (seek) a summary judgment motion,” Vallarta said.

Castaneda, who apparently is representing himself in the matter, filed a three-page response to the city’s lawsuit denying all allegations.

He called the effort a “colossal waste of scarce public resources and the court's precious limited time.”

He also asked the court to dismiss the case and force those Salinas council members who voted to sue him to personally pay for his legal expenses and the legal expenses incurred by the city.

Castaneda called the council majority’s vote to sue him a “politically motivated and selfish action.”

Jeff Mitchell covers Salinas Valley politics and government and is the author of Under the Dome. For quick political hits, check out Under the Dome - The Blog which is available at: www.theCalifornian.com most every day. Readers are invited to send news tips or story ideas by email to: jemitchell@TheCalifornian.com